House File 229 - Introduced HOUSE FILE 229 BY ISENHART A BILL FOR An Act relating to water resources and watershed management. 1 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 2 TLSB 1425YH (7) 85 tm/nh
H.F. 229 Section 1. Section 22.7, Code 2013, is amended by adding the 1 following new subsection: 2 NEW SUBSECTION . 65. Water stewardship plans submitted 3 to the department of natural resources pursuant to section 4 466B.42. 5 Sec. 2. Section 466B.3, subsection 4, Code 2013, is amended 6 to read as follows: 7 4. Membership. 8 a. The voting members of the council shall consist of the 9 following members: 10 a. (1) The director of the department of natural resources 11 or the director’s designee. 12 b. (2) The director of the soil conservation division 13 of the department of agriculture and land stewardship or the 14 director’s designee. 15 c. (3) The director of the department of public health or 16 the director’s designee. 17 d. (4) The administrator of the homeland security and 18 emergency management division of the department of public 19 defense or the administrator’s designee. 20 e. (5) The dean of the college of agriculture and life 21 sciences at Iowa state university or the dean’s designee. 22 f. (6) The dean of the college of public health at the 23 university of Iowa or the dean’s designee. 24 g. (7) The dean of the college of natural sciences at the 25 university of northern Iowa or the dean’s designee. 26 h. (8) The director of the department of transportation or 27 the director’s designee. 28 i. (9) The director of the economic development authority 29 or the director’s designee. 30 j. (10) The executive director of the Iowa finance 31 authority or the executive director’s designee. 32 k. (11) The secretary of agriculture, who shall be the 33 chairperson, or the secretary’s designee. As the chairperson, 34 and in order to further the coordination efforts of the 35 -1- LSB 1425YH (7) 85 tm/nh 1/ 7
H.F. 229 council, the secretary may invite representatives from 1 any other public agency, private organization, business, 2 citizen group, or nonprofit entity to give public input at 3 council meetings, provided the entity has an interest in the 4 coordinated management of land resources, soil conservation, 5 flood mitigation, or water quality. The secretary shall also 6 invite and solicit advice from the following: 7 (1) (a) The director of the Iowa water science center of 8 the United States geological survey or the director’s designee. 9 (2) (b) The state conservationist from the Iowa office of 10 the United States department of agriculture’s natural resources 11 conservation service or the state conservationist’s designee. 12 (3) (c) The executive director for Iowa from the United 13 States department of agriculture’s farm services agency or the 14 executive director’s designee. 15 (4) (d) The state director for Iowa from the United States 16 department of agriculture’s office of rural development or the 17 state director’s designee. 18 (5) (e) The director of region seven of the United States 19 environmental protection agency or the director’s designee. 20 (6) (f) The corps commander from the United States army 21 corps of engineers’ Rock Island district or the commander’s 22 designee. 23 (g) The director of the center for agricultural and 24 rural development at Iowa state university or the director’s 25 designee. 26 l. (12) The dean of the college of engineering at the 27 university of Iowa or the dean’s designee. 28 (13) The executive director of conservation districts of 29 Iowa or the executive director’s designee. 30 b. The nonvoting members of the council shall include all 31 of the following: 32 (1) Two members of the senate. One senator shall be 33 appointed by the majority leader of the senate and one senator 34 shall be appointed by the minority leader of the senate. 35 -2- LSB 1425YH (7) 85 tm/nh 2/ 7
H.F. 229 (2) Two members of the house of representatives. One 1 member shall be appointed by the speaker of the house of 2 representatives and one member shall be appointed by the 3 minority leader of the house of representatives. 4 Sec. 3. Section 466B.3, subsection 6, Code 2013, is amended 5 by adding the following new paragraph: 6 NEW PARAGRAPH . d. In coordination with the department of 7 natural resources and the department of agriculture and land 8 stewardship, the council shall review, amend, and approve the 9 state nutrient reduction strategy. In reviewing and approving 10 the strategy, the council shall ensure that all concerns raised 11 by the United States environmental protection agency regarding 12 the strategy are addressed. The department of natural 13 resources and the department of land stewardship shall include 14 in the final strategy any changes recommended by the council. 15 In coordination with the department of natural resources and 16 the department of agriculture and land stewardship, the council 17 shall provide oversight of the implementation of the strategy. 18 Sec. 4. Section 466B.31, subsection 1, Code 2013, is amended 19 to read as follows: 20 1. A watershed planning advisory council is established 21 for purposes of assembling a diverse group of stakeholders to 22 review research and make recommendations to and collaborate 23 with various state entities regarding methods to protect water 24 resources in the state, assure an adequate supply of water, 25 mitigate and prevent floods, and coordinate the management of 26 those resources in a sustainable, fiscally responsible, and 27 environmentally responsible manner. The advisory council may 28 seek input from councils of governments or other organizations 29 in the development of its recommendations. The advisory 30 council shall meet once a year and at other times as deemed 31 necessary to meet the requirements of this section . The 32 advisory council may appoint a task force to assist the 33 advisory council in completing its duties. 34 Sec. 5. Section 466B.31, subsection 2, paragraph a, 35 -3- LSB 1425YH (7) 85 tm/nh 3/ 7
H.F. 229 subparagraph (12), Code 2013, is amended by striking the 1 subparagraph. 2 Sec. 6. Section 466B.31, subsection 2, paragraph a, Code 3 2013, is amended by adding the following new subparagraphs: 4 NEW SUBPARAGRAPH . (20) One member selected by the women, 5 food, and agriculture network. 6 NEW SUBPARAGRAPH . (21) One member selected by the midwest 7 office of the environmental working group. 8 NEW SUBPARAGRAPH . (22) One member selected by practical 9 farmers of Iowa. 10 NEW SUBPARAGRAPH . (23) One member selected by the Iowa 11 farmers union. 12 NEW SUBPARAGRAPH . (24) One member selected by the Iowa 13 association of county conservation boards. 14 NEW SUBPARAGRAPH . (25) One member selected by the Iowa 15 association of water agencies. 16 NEW SUBPARAGRAPH . (26) One member selected by watershed 17 management authorities created pursuant to section 466B.22. 18 Sec. 7. Section 466B.31, subsection 2, paragraph b, Code 19 2013, is amended by striking the paragraph. 20 Sec. 8. NEW SECTION . 466B.41 Distressed subwatersheds. 21 1. By January 1, 2014, the department of natural resources 22 shall adopt rules pursuant to chapter 17A designed to identify 23 and designate distressed subwatersheds in the state. The rules 24 shall provide that distressed subwatersheds are subwatersheds 25 with the greatest water quality concerns based on nitrogen 26 levels, phosphorus levels, and other pollutant levels flowing 27 out from the subwatershed. The rules shall provide for the 28 reevaluation of distressed subwatersheds and the removal of the 29 designation. Distressed subwatersheds shall be designated by 30 July 1, 2014. 31 2. The department shall establish pollutant reduction goals 32 for each distressed subwatershed at the time of designation. 33 The goal shall be a collective subwatershed goal of a minimum 34 of a fifty percent reduction in the pollutants flowing out of 35 -4- LSB 1425YH (7) 85 tm/nh 4/ 7
H.F. 229 the subwatershed. 1 3. The department shall coordinate the activities between 2 the water resources coordinating council and any watershed 3 management authority located in a distressed subwatershed. 4 Sec. 9. NEW SECTION . 466B.42 Water stewardship plans. 5 1. For purposes of this section, “agricultural land” means 6 the same as defined in chapter 9I. 7 2. Each owner of agricultural land in a distressed 8 subwatershed designated pursuant to section 466B.41 shall 9 develop a water stewardship plan. A water stewardship plan 10 is a written strategy identifying the conservation practices 11 the owner of the agricultural land will implement and maintain 12 to assist the distressed subwatershed in meeting the pollution 13 reduction goal established pursuant to section 466B.41. At a 14 minimum, a plan shall do all of the following, as applicable: 15 a. Budget, supply, and conserve nutrients for plant 16 production. 17 b. Minimize agricultural nonpoint source pollution of 18 surface and groundwater. 19 c. Properly utilize manure or organic byproducts as a plant 20 nutrient source. 21 d. Maintain or improve the physical, chemical, and 22 biological condition of soil. 23 3. A water stewardship plan shall be developed using 24 conservation parameters developed by the department of 25 agriculture and land stewardship, including baseline practices 26 based on the particular soil type, slope, and landscape 27 features. 28 4. Each owner of agricultural land required to develop a 29 water stewardship plan shall obtain approval of the plan from 30 the department of agriculture and land stewardship or a person 31 approved by the department. After approval, the plan shall be 32 submitted to the department of natural resources. 33 5. The department of natural resources shall require 34 periodic review and, if needed, updating of each water 35 -5- LSB 1425YH (7) 85 tm/nh 5/ 7
H.F. 229 stewardship plan by the person submitting the plan. 1 6. Notwithstanding chapter 22, the department of natural 2 resources shall not make individual water stewardship plans 3 public. The department shall make public aggregate measures of 4 pollutants and aggregate, nonidentifiable summaries of water 5 stewardship plans and conservation practices. 6 EXPLANATION 7 This bill relates to water resources and watershed 8 management. 9 The bill adds one voting member and four legislative 10 nonvoting members to the water resources coordinating council. 11 The bill requires the water resources coordinating council, 12 in coordination with the department of natural resources and 13 the department of agriculture and land stewardship, to review, 14 amend, and approve the state nutrient reduction strategy, and 15 to provide oversight of the implementation of the strategy. 16 The bill removes one voting member and four legislative 17 nonvoting members from the watershed planning advisory council. 18 The bill adds seven new voting members to the council. 19 The bill requires the department of natural resources to 20 adopt rules to identify and designate distressed subwatersheds 21 in the state. The distressed subwatersheds shall be designated 22 by July 1, 2014. The bill requires the department to establish 23 pollutant reduction goals for each distressed subwatershed 24 at the time of designation. The goal shall be a collective 25 subwatershed goal of a minimum of a 50 percent reduction in the 26 pollutants flowing out of the subwatershed. The bill requires 27 the department to coordinate the activities between the water 28 resources coordinating council and any watershed management 29 authority located in a distressed subwatershed. 30 The bill requires each owner of agricultural land in 31 a designated distressed subwatershed to develop a water 32 stewardship plan. A water stewardship plan is a written 33 strategy identifying the conservation practices the owner of 34 the agricultural land will implement and maintain to assist the 35 -6- LSB 1425YH (7) 85 tm/nh 6/ 7
H.F. 229 distressed subwatershed in meeting the pollution reduction goal 1 for the subwatershed. The bill requires a water stewardship 2 plan to be developed using conservation parameters developed by 3 the department of agriculture and land stewardship. The bill 4 requires each owner of agricultural land to obtain approval of 5 the water stewardship plan from the department of agriculture 6 and land stewardship or a person approved by the department. 7 The bill requires approved plans to be submitted to the 8 department of natural resources. The bill prohibits individual 9 water stewardship plans from being made public and requires 10 the department of natural resources to make public certain 11 aggregate, nonidentifiable information. 12 -7- LSB 1425YH (7) 85 tm/nh 7/ 7